Are you nervous yet?

I mentioned in a note about “Fear coming” that an act before congress grants really interesting powers to the Secretary of Homeland Security, in what seem to me clear violations of provisions of the US Constitution. I also have a small bet with Spouse of the House about the imminence of a national id within the United States. Well, folks, both are covered in a bill which has now passed the House of Representatives.

I’m talking about HR 418. For text of the bill, go to Thomas and specify HR418, which includes these points:

Section 102(c) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1103 note) is amended to read as follows:

`(c) Waiver-

(1) IN GENERAL- Notwithstanding any other provision of law, the Secretary of Homeland Security shall have the authority to waive, and shall waive, all laws such Secretary, in such Secretary's sole discretion, determines necessary to ensure expeditious construction of the barriers and roads under this section.
(2) NO JUDICIAL REVIEW- Notwithstanding any other provision of law (statutory or nonstatutory), no court shall have jurisdiction—

(A) to hear any cause or claim arising from any action undertaken, or any decision made, by the Secretary of Homeland Security pursuant to paragraph (1); or
(B) to order compensatory, declaratory, injunctive, equitable, or any other relief for damage alleged to arise from any such action or decision.’.

So much for judicial review.

Section 103 is also interesting. It defines as a terrorist:
`(i) IN GENERAL- Any alien who— (among other things)

`(II) a consular officer, the Attorney General, or the Secretary of Homeland Security knows, or has reasonable ground to believe, is engaged in or is likely to engage after entry in any terrorist activity (as defined in clause (iv));

In other words, you are a terrorist if one of those people says you are.

This bill goes on.

SEC. 104. REMOVAL OF TERRORISTS.

(a) In General-

(1) IN GENERAL- Section 237(a)(4)(B) (8 U.S.C. 1227(a)(4)(B)) is amended to read as follows: ...
(2) EFFECTIVE DATE- The amendment made by paragraph (1) shall take effect on the date of the enactment of this Act and shall apply to acts and conditions constituting a ground for removal occurring or existing before, on, or after such date (*emphasis added*).

So much for ex post facto laws.

Section 201 ff. goes on to the supposed purpose of the bill according to its title. It establishes national requirements for a driver’s license or a state identification card which must include a common list of items (license number, name and address, photo, etc.) and, in 202.b.9, includes “A common machine-readable technology, with defined minimum data elements.”

And, in case you thought your Social Security Number was to be used only for retirement and disability purposes, not as a national ID number, 202.c.1.C requires “Proof of the person’s social security account number or verification that the person is not eligible for a social security account number.”

There goes privacy of the Social Security accounts.

This passed the house as HR 418 “REAL ID act” on 10-Feb-2005 at 2:41 PM by a vote of 261-161. It has not yet passed the senate.

Are you nervous yet? IF NOT, WHY NOT?

I’m as anti-terrorist as the next guy, maybe more than some. But if we abandon our principles in defeating the bad guys, then they win. I don’t really care if I have to carry a national ID card. I have the thing in my wallet anyway. I am in favor of linking data bases. If we have the things, make them useful. I would like some assurance that they are protected from hijacking for nefarious purposes, which is hard in today’s atmosphere of distrust, but there must be ways somewhere. But I am really concerned when congress passes laws that:

• make past events a crime


• define criminals based on an accusation only


• pass laws exempt from judicial review


• pass laws that preempt any unspecified existing law